CHAPTER 1 COLLATERAL DAMAGE: CHILDREN AS VICTIMS IN TIMES OF CONFLICT “The paradox … is that even when children are construed as rights holders, it is difficult for them to assert their rights. The reasons are practical, political and legal. Young children are completely and unavoidably dependant on those who have power over their lives” O’ Donovan, 1983 Ÿ Ÿ Ÿ Ÿ Ÿ Among those arrested, detained and tried after the January 2019 protests were children aged between 9 and 17 years. Although some children participated in the January 2019 protests as perpetrators of violence, correctly put, children were victims of economic and political decay – whether they found themselves willingly participating in the skirmishes or they were caught in the crossfire. Several rights of children were affected, among them arrests and detention that violated the law, the rights to assembly and education, freedom of movement, access to health care due to the closure of facilities, exposure to violence, and separation of children from their parents. Children were physically abused as the police were beating people randomly and throwing teargas indiscriminately to disperse crowds. The repercussions for children were beyond physical injuries and psychological trauma. Belligerent behaviour and attitudes were inculcated in children, with some children getting desensitised to violence. 1.1 Introduction This report examines the treatment of children under the criminal justice system in Zimbabwe in time of conflict. By definition, children are people below the age of 18 years in terms of section 81(1) of the Zimbabwean Constitution. The report focuses on the recent episode of violence experienced during the January 2019 protests dubbed the #ZimShutDown.1 1. This was the hashtag used on social media, having popularised by the social movements that were drivers of the stay away, along with the ZCTU. 3 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests